{
  "id": "RL30376",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL30376",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 101033,
      "date": "1999-11-18",
      "retrieved": "2016-05-24T20:41:03.422941",
      "title": "Public Access to Data From Federally Funded Research: OMB Circular A-110 and Issues for Congress",
      "summary": "The results of scientific studies are often used in making government policy decisions. While the\nstudies are often published, traditional federal research funding policies have not required the data\non which they are based to be made available publicly. Such policies generally require researchers\nto share data and physical samples with other scientists after publication of the research. A rider,\ncalled the Shelby amendment, that was attached to the Omnibus Appropriations Act for FY1999,  P.L.\n105-277 , mandated OMB to amend Circular A-110 to require federal agencies to ensure that \"all data\nproduced under a [federally funded] award will be made available to the public through the\nprocedures established under the Freedom of Information Act [FOIA].\" The amendment authorizes\nuser fees. OMB was required to make changes and release a revised circular; subsequently agencies\nthat choose to do so will issue their own \"conforming rules.\" OMB published proposed revisions for\ncomment in February and August; the final revision was issued September 30, published in the\n Federal Register  on October 8, 1999, and took effect on November 8, 1999. The\namendment\noriginated from disputes about access to research information used in a federal regulation. It is a\nsignificant change from traditional practice, since, while permitted, federal agencies typically do not\nrequire grantees to submit research data and, pursuant to a 1980 Supreme Court decision, agencies\ndid not have to give the public access under FOIA to research data they did not possess as part of\nagency records. \n  To balance the need for public access while protecting the research process, OMB's revision\nlimits the kinds of data that will be made accessible (it excludes personal and business-related\nconfidential data) and limits applicability to federally funded data produced under an award that has\nbeen published or cited by a federal agency and used in developing an agency action that has the force\nand effect of law. Opponents of the amendment say that FOIA is an inappropriate vehicle to allow\nwider public access since it will harm the traditional process of scientific research; human subjects will\nbelieve that the federal government might obtain access to confidential information; researchers will\nhave to spend additional time and money putting data into a form required by the government,\nthereby interfering with ongoing research; and private sector cooperation and funding for\ngovernment/university/industry partnerships will be jeopardized. \n  Proponents of the amendment say that \"accountability\" and \"transparency\" are paramount. The\npublic should have a right to review scientific data underlying research funded by government\ntaxpayers. Some believe that the OMB revision \"narrows\" the scope of public access to research data\ncontrary to congressional intent and might be challenged in court. Senator Shelby said the final\nrevision, \"while still narrow in scope, is a good first step....\" Some say that the OMB revision, not\nthe provision in the law directing OMB to amend the circular, will be the legal predicate if there is\na court challenge. Both Congress and OMB might seek continuing oversight. Legislation to withhold\nfunding for implementation of the amendment was rejected.  H.R. 88 , a proposal to\nrepeal the provision of the law, is pending.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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          "url": "http://www.crs.gov/Reports/pdf/RL30376",
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      "topics": []
    }
  ],
  "topics": [
    "Appropriations"
  ]
}